HomeMy WebLinkAbout05/21/2001 - City Council1
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REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
MAY 21, 2001
The City Council of the City of Costa Mesa, California, met in
regular session May 21, 2001, at 6:30 p.m., in the Council
Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting
was called to order by the Mayor, followed by the Pledge of
Allegiance to the Flag led by Boy Scout Troop No. 339, a member
of the Freedom Committee George Grupe spoke on the
significance of Memorial Day, and a moment of silence was
observed for those who died for our country.
ROLL CALL Council Members Present: Mayor Libby Cowan
Mayor Pro Tem Linda Dixon
Council Member Gary Monahan
Council Member Karen Robinson
Council Member Chris Steel
Council Members Absent:
Officials Present:
None
City Manager Allan Roeder
City Attorney Jerry Scheer
Development Services Director
Donald Lamm
Public Services Director William
Morris
Assistant City Attorney Tom
Wood
Transportation Services Manager
Peter Naghavi
Assistant to the City Manager
Ann Shultz .
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Monahan, seconded by Mayor Pro
May 7, 2001 Tem Dixon, and carried 5-0, the minutes of the regular meeting of
May 7, 2001, were approved as distributed.
ORDINANCES AND A motion was made by Council Member Monahan, seconded by
RESOLUTIONS Mayor Pro Tem Dixon, and carried 5-0, to read all ordinances and
resolutions by title only.
PRESENTATION Mayor Cowan read a proclamation declaring May, 2001, as
"Veteran Appreciation Veteran Appreciation Month, and urged all local employers,
Month" organized labor, veterans organizations, and other government
leaders to support this worthy campaign to increase employment
opportunities for the men and women who have faithfully served
our nation in the military. She presented the document to
Armando Berumen, Veterans Employment Representative, State
of California Employment Development Department.
PRESENTATION Mayor Cowan read a proclamation declaring the month of May as
"Mental Health National Mental Health month, and presented the document to
Month" Patti Huff, Chair, Mental Health Board, County of Orange, Health
Care Agency. ,
PUBLIC COMMENTS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, chairperson of
Discrimination Citizens for the Improvement of Costa Mesa, addressed
discrimination in the City.
Gang Ordinance John Feeney, 1154 Dorset Lane, Costa Mesa, showed a picture of
"family mob" graffiti in his neighborhood, and addressed the need
for a gang ordinance.
Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa,
stated that the original gang ordinance had been supported by the
Police Department and the City Attorney's office, and reported on a
gang incident which occurred on May 8, 2001. He asked that
vending trucks be abolished from the City, and that the west side
bluff area be rezoned.
Doug Scribner, 321 Avocado Street, No. P, Costa Mesa,
representing the Libertarian Party, addressed the gang ordinance
which holds landlords responsible for their tenant's crimes, and
announced a meeting on Wednesday, May 23, 2001, featuring the
Vice President of the Apartment Owners Association
(www.lpoc.org for time and place).
West Side Neighbor- Mildred Nicholson, 2063 Republic Avenue, Costa Mesa,
hood commented on her west side neighborhood, which is pleasant,
noting that she has resided there for 41 years. She asked that City
streets be repaired, and that compatible vegetation be planted
along Victoria Street. She complained about trash on Victoria
Street, the inconsistency of street sweeping, and large vehicles
parked on City streets.
John Wayne Airport Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights,
Expansion chastised Council for not attending meetings regarding the
expansion of John Wayne Airport (JWA), and challenged them to
attend the Newport Beach City Council meeting on Tuesday, May
22, 2001, where the expansion will again be discussed.
City Libraries Donald Nicholson, 2063 Republic Avenue, Costa Mesa,
addressing the City's libraries, suggested a cooperative effort with
the City of Newport Beach in an effort to save taxpayer monies.
Mayor Cowan invited Mr. Nicholson to attend the Library Services
Ad Hoc Committee meetings held on the third Tuesday of each
month.
Vending Trucks Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa,
supported Council Member Steel in his current legal matter, and
thanked Council for discussing the subject of vending trucks at a
recent study session. He suggested limiting the number of trucks,
initiating stronger penalties, having only one contract vendor,
revoking permits when violations occur, increasing permit costs,
and investigating potential liability problems.
NRA Report Richard Studenick, 1174 Atlanta Way, Costa Mesa, President of
the National Rifle Association (NRA) Members Council, reported
that "Eddie Eagle", the NRA fire arms safety mascot, attended the
April 28, 2001, Neighbors -for -Neighbors program; and $500.00
rewards were posted for the arrest and conviction of the person
killing animals and the person placing razorblades in City parks.
He announced that the Costa Mesa American Legion is hosting a
Memorial Day observance at the Harbor Rest Memorial Park on
Gisler Avenue, at 10:00 a.m.
EI Toro Expansion Margaret Morgan, 206 East 15th Street, Costa Mesa, referring to
the Council meeting of May 7, 2001, encouraged Council to allow
the Orange County' Regional Airport Authority (OCRAA) and the
Airport Working Group (AWG) to spend monies allocated at the
meeting to support the expansion of an airport at EI Toro Marine
Corps Air Station. .
Steel Election Contest Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa,
reported that Tuesday, May 29, 2001, is the final day in the six-
month deadline to file an election contest against Council Member
Steel.
Craig Stevens, 1879 Anaheim Avenue, Unit 6D, Costa Mesa,
supported Council Member Steel.
Bunney Comments Paul Bunney, Post Office Box 11024, Costa Mesa, objected to
reactions from the Mayor and Council in response to his questions
on the gang ordinance at the meeting of May 7, 2001. He asked
that the ordinance not be "diluted".
Planning Commission Paul Wilbur, 312 Magnolia Street, Costa Mesa, commented on the
new Planning Commission objectives, observing that this is a
positive step in educating the City in the planning process.
Channel 74 Schedule Tom Egan, 1893 Parkview Circle, Costa Mesa, thanked staff for
assisting The Costa Mesa Breeze to publish Channel 74 listings.
Fairview Park Brian Craft, 2175 Pacific Avenue, No. A8, Costa Mesa, asked that
Fairview Park be retained in its natural state, without paving, and
suggested spending additional funds on sidewalks for Pacific
Avenue.
Grossman Comments David Grossman, 915 Presidio Drive, Costa Mesa, reported that
driveways in Mesa del Mar are too short to park a car, and read a
letter from the Library of Congress, dated July 12, 1968, regarding
gun control.
Takacs Comments Chris Takacs, 2175 Pacific Avenue, No. G5, Costa Mesa,
commented on the lack of sidewalks in his area and the beginning
of a graffiti problem. He objected to paving the nature trails in
Fairview Park.
Pierce Street Annex Brian Smith, 332 East Cabrillo Street, Costa Mesa, complained
about the Pierce Street Annex, located in the vicinity of his home,
specifically the noise at closing time (1:30 to 2:30 a.m.), property
which is vandalized, verbal abuse, and threats.
Newport Boulevard Nora Malley, 1614 Newport Boulevard, Costa Mesa, complained
Traffic Signals about the distance between the traffic signals on Newport
Boulevard, emphasizing that the trailer park in which she resides
has many senior citizens who find the trip exhausting.
CONSENT The following item was removed from the Consent Calendar: Item
CALENDAR No. 5, Resolution authorizing the execution of an agreement with
the California State Coastal Conservatory for Fairview Park grant
funding.
MOTION/Approved On motion by Council Member Monahan, seconded by Mayor Pro
Except Item No. 5 Tem Dixon, and carried 5-0, the remaining Consent Calendar items
were approved as recommended.
READING FOLDER The following Reading Folder items were received and processed:
Claims Claims received by the Deputy City Clerk: Jan Karlsson;
Jeannine Marangell; and Robert and Shirley Schraff.
Public Utilities Notice that an application has been filed with the Public Utilities
Commission Commission by Southern California Gas Company (U904G) for
authority to increase its revenue requirements to reflect its
Demand -Side Management Program Years 1996 and 1997,
Energy Efficiency Program Year 2000, and Low -Income
Program Years 1999 and 2.000 in the 2001 Annual Earnings
Assessment Proceeding.
Request to Rezone Request from M. H. Millard, 2973 Harbor Boulevard, No. 264,
Westside Bluffs Costa Mesa, for Council to' consider rezoning the Westside
Area to R-1 bluffs area to R-1, single-family residential.
WARRANTS The following warrants were approved:
Approved 1848 Warrant Resolution 1848, funding City Operating expenses for
$579,829.71.
Approved 1849/
Payroll 110 Warrant Resolution 1849, funding Payroll 110 for $1,717,992.88,
and City operating expenses for $1,411,906.42.
ADMINISTRATIVE Resolution 01-30 was adopted: A RESOLUTION OF THE CITY
ACTIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Resolution 01-30, CERTIFYING THE AVAILABILITY OF THE REQUIRED TEN
Rehabilitation of PERCENT LOCAL SHARE OF THE TOTAL PROJECT COST
Newport Boulevard FOR THE REHABILITATION OF THE BIKE TRAIL ON NEWPORT
Bike Trail BOULEVARD BETWEEN ARLINGTON DRIVE AND FAIR DRIVE,
in connection with the Bicycle Transportation Account Program.
Accepted Street Street Improvements at 17th Street and Newport Boulevard, Project
Improvements at 17th No. 99-17, were completed to the satisfaction of the Public
Street and Newport Services Director on March 16, 2001, by Gueno Development
Boulevard, Project Company, Inc., 714 West Olympic Boulevard, Suite 1120, Los
No. 99-17, by Gueno Angeles. The settlement agreement was approved, the Public
Development Services Director was authorized to sign on behalf of the City; the
work was -accepted; the Deputy;City Clerk was authorized to file a
Notice of Completion; authorization was given to release retention
monies 35 days thereafter; the Labor and Material Bond was
ordered exonerated 7 months thereafter; and the Performance
Bond was ordered exonerated 12 months thereafter.
Accepted Street Street improvements at 545 Anton Boulevard were completed to
Improvements at 545 the satisfaction of the Public Services Director by Kennedy Pipeline
Anton Boulevard by Company, 61 Argonaut, Aliso Viejo, in connection with
Kennedy Pipeline Encroachment Permit No. PS00=00396 (DR -00-06). The work was
accepted, and the bonds were ordered exonerated.
Accepted Street Street improvements at 595 Anton Boulevard were completed to
Improvements at 595 the satisfaction of the Public Services Director by Stice Company,
Anton Boulevard by Inc., 4940 Irvine Boulevard, Irvine, in connection with
Stice Company Encroachment Permit No. PS00-00251 (DR -99-08). The work was
accepted, and the bonds were ordered exonerated.
Energy Services/ The - following action was taken . regarding Energy
Performance Contract Services/Performance Contract,; Siemens Building Technologies,
with Siemens Inc.
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Approved Letter of The City Manager was authorized to sign a Letter of Intent with
Intent to Proceed with Siemens Building Technologies, Inc., to proceed with final
Final Engineering engineering to develop an Energy Savings Program and
Performance Contract for energy efficient lighting, heating,
ventilation and air conditioning systems (HVAC) for all City
facilities.
Approved Contract
The City Manger was authorized to execute a ten-year
to Complete Installa-
performance contract with Siemens Building Technologies, Inc.,
tion, Retrofit and
to complete installation, retrofit and maintenance of necessary
Maintenance of
equipment to yield a self -funding, energy saving upgrade to
Equipment
HVAC and lighting systems in various City facilities.
Agreement with
Item No. 5 on the Consent Calendar was presented: Resolution
California State
authorizing the execution of an agreement with the California State
Coastal Conservancy
Coastal Conservancy for grant funding in the amount of
for Fairview Park
$194,000.00, for the design and engineering of access and
Grant Funding
interpretative program improvements in Planning Areas A, C, and
D, at Fairview Park; and authorize use of $194,000.00 from
Fairview Park Development account to provide matching funds for
California State Coastal Conservancy grant. Council Member
Robinson asked what portion of Fairview Park required funding of
$2,808,216.00 for construction, and indicated that she is opposed
to the proposal to construct a parking lot, and other paving projects
in the park. The Public Services Director clarified that the actual
figure is $194,000.00, and reported that community meetings will
be held and residents will be involved in the Fairview Park process.
MOTION/Continued A motion was made by Council Member Robinson, seconded by
to Future Date Council Member Monahan, and carried 3-2, Council Members
Dixon and Cowan voting no, to continue this item to a future
Meeting, Old Business on the agenda, and directing staff to clarify
uses for the $194,000.00, along with appropriate schedules which
describe what it is for.
Mayor Cowan opposed the motion, observing that the Fairview
Park Master Plan is going well, and noting that this is one piece of
the next step.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a
picture of lower Talbert Park illustrating the bicycle access to the
beach, noting that the lower parking lot at Fairview Park would
allow access.
Gene Kinum, 2243 Pacific Avenue, Apt. A103, Costa Mesa, stated
that the Talbert Park area is excellent for access but not a usable
area for recreational purposes. He encouraged Council to retain
the area as uncontrolled and not overly developed.
Erin Sloan, 2243 Pacific Avenue, Apt. B104, Costa Mesa,
President Pro Tem of the Oceanview Terrace Homeowners
Association, asked that Talbert Park be retained in its natural state
and that dirt pathways not be replaced with pavement.
Robin Leffler, 3025 Samoa Place, Costa Mesa, supported retaining
Fairview Park in its natural state.
Christian Basham, 2814 Loreto Avenue, Costa Mesa, opposed
constructing a parking lot in Talbert Park
COUNCIL Council Member Robinson commented that, in an effort to help the
COMMENTS evening along, even though she had a lot of things she could say,
she passed.
Legal Problems Council Member Steel, referring to his current legal problems with
the District Attorney's office in reference to the November, 2000,
election, expressed his intention to fight the charge. He addressed
articles in the newspaper regarding this issue.
Telephone Calls Council Member Monahan apologized for not returning the
telephone calls received today that relate to this agenda
Fire Chief Mayor Pro Tem Dixon announced that on Friday, May 18, 2001,
Frank Fantino retired from his position as Costa Mesa Fire Chief,
Fairview Park Tile and has relocated to Montana. She welcomed Jim Ellis as the new
Painting Fire Chief. She thanked the Leadership Tomorrow Team for the
Saturday, May 19, 2001, tile painting event at Fairview Park, and
Fire Expo thanked the Fire Department for the public safety Emergency Expo
on Sunday, May 20, 2001. Mayor Pro Tem Dixon related that the
Senior Center Fund Costa Mesa Senior Center will hold a fund raiser Wednesday, May
Raiser 23, 2001, 5:00 p.m. to 8:00 p.m.; at Johnny Rockets.
Leadership Tomorrow Mayor Cowan thanked Leadership Tomorrow for the Saturday
Event event, noting the new temporary skateboard park at Fairview Park.
She indicated' that Council is serious about an alternative to
John Wayne Airport expanding John Wayne Airport, and she and Mayor Pro Tem Dixon
Expansion had attended a meeting where plans were laid to urge County
Supervisors to move forward with a program environmental impact
Red Light Cameras report towards that end. She asked that red light cameras for
traffic signals be placed on a future agenda.
RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the
meeting at 8:30 p.m.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
South Coast Plaza from the meeting of April 16, 2001, to consider the rehearing
Town Center requested by City Attorney Jerry Scheer, of the City Council's
approval on February 5, 2001, of applications from Paul Freeman,
authorized agent for South Coast Plaza and the Orange County
Performing Arts Center, and Phillip Schwartze, authorized agent for
CommonWealth Capital Management, LLC/Fifth Street Properties,
for the expansion of South Coast Plaza Town Center, located
between Sunflower Avenue, and San Diego Freeway (1-405),
Avenue of the Arts, and Bristol Street:
General Plan Amendment GP -00-02 (adopted by Resolution 01-
8), to amend the 1990 General Plan text and figures to change
the land use designation from Urban Center Commercial to
Cultural Arts Center on 54 net acres; to increase the trip budget;
to increase the floor area ratio (FAR) to 1.77 from 0.60/0.50; and
to amend the Master Plan of Highways to delete a portion of
Town Center Drive between Bristol Street and Avenue of the
Arts, and to incorporate other miscellaneous amendments.
Specific Plan Amendment SP -00-01 (adopted by Resolution 01-
8), to amend the North Costa Mesa Specific Plan text and
figures relative to Area 4's land use designation, trip budget,
maximum allowable FAR ; and building square footage,
maximum building heights,! and the preservation of the
"California Scenario" garden.
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Town Center Preliminary Master Plan PA -00-38 (approved by
Resolution 01-9), for an amendment to reflect the proposed
general plan and specific plan amendments, and to further
delineate the three sub -areas of South Coast Plaza Town Center.
An ordinance approving Development Agreement DA -00-04
between the City of Costa Mesa and Fifth Street Properties
(Ordinance No. 01-6 was given first reading and was scheduled
for a second first reading).
Communications were received from Catherine Reilly, 3144 Felton
Street, San Diego, requesting Council to do whatever they can to
protect the Noguchi garden; and David Wilson, C. J. Segerstrom &
Sons, via e-mail, stating that the Segerstrom's Director of
Architecture had advised that the parking structure walls were part of
the garden design and that there was an occasion on which the
partially completed walls were torn out to allow their reconstruction in
line with Noguchi's wishes, and added that no later additions were
made.
Tom Nixon, Woodruff, Spradlin and Smart, Attorneys at Law, 701
South Parker Street, Suite 8000, Orange, counsel for the City,
reviewed the Agenda Report dated May 16, 2001, and responded to
questions from Council.
Phillip R. Schwartze, CommonWealth Partners, 31682 EI Camino
Real, San Juan Capistrano, indicated that issues relative to the
Noguchi Garden are complex because they involve private property
and public benefit, and stated that the proposed development
agreement and the land -use restrictions as proposed by Mr. Nixon
will provide a successful balance. He pointed out that the garden
was commissioned, financed, constructed, and maintained by a
private developer utilizing private financing. Mr. Schwartze
recommended first reading of the ordinance with the wording as
amended by Mr. Nixon. He responded to questions from Council.
The Transportation Services Manager addressed the Caltrans
Transitway Project as it relates to the Noguchi Garden and the
parking structure, reporting that there is no particular impact at this
time.
The following persons provided favorable comments and urged
preservation of the Noguchi Garden: Craig Stevens, 1879 Anaheim
Avenue, Unit 6D, Costa Mesa; Bert Winther-Tamaki, 15 Dickens
Court, Irvine, professor of Art History, University of California,
Irvine, who submitted a petition signed by 250 persons urging
Council to reject any plan which leaves the garden vulnerable to
destruction at any time in the future; Robin Leffler, 3025 Samoa
Place, Costa Mesa; Cindy Brenneman, 1856 Elba Circle, Costa
Mesa; Dickran Tashjian, Chair and Professor, Department,
University of California, Irvine; Paul Flanagan, 3090 Valley Circle,
Costa Mesa; and a resident of Irvine.
Eleanor Egan, 1893 Parkview Circle, Costa Mesa, believed that the
City should retain complete discretion regarding the garden under
all circumstances, and must act in a reasonable, nonarbitrary, and
nondiscriminatory manner. Regarding the theater arts district, she
urged Council to apply the same obligations to this developer as
were applied to its neighbors. There being no other speakers, the
Mayor closed the public hearing.
MOTION/Approved A motion was made by Mayor Cowan, seconded by Council Member
City Alternatives Monahan, to approve the City's alternative language for Section A,
Item No. 1, Section 2.2.2(a)(2) -Existing Parking Structure Walls; No.
2, Exhibit "F", Sections 2.1, and 2.2 -Term of Land Use
Restriction/Modification/Termination of Restrictions; No. 3 -Exhibit F,
Section 2.2, last paragraph -Providing Alternative Site for Eliminated
Portions of Garden; and No. 4 -Exhibit F, Section 3.1 (as detailed in
the Agenda Report dated May 16, 2001), adding language in No. 2
regarding reasonable business practices in A and B, and community
values and reasonable aesthetic and artistic standards in F.
SUBSTITUTE A substitute motion was made by Mayor Pro Tem Dixon, seconded
MOTION/To Approve by Council Member Robinson, to, approve the City Alternatives for all
Alternatives items in the Agenda Report dated May 16, 2001, and to approve the
change noted in the supplemental memorandum dated May 16,
2001, dealing with the amendments referring to Section 2.3.1,
adding the additional change, "At such time as the land restriction
ends, the owner will consent to the designation of Noguchi Gardens
as a Historic Landmark, and Noguchi Gardens will be placed on the
City's register."; and on Page 7, Section B, Item 1, Section 2.1.1(3) -
Parking, that the same obligations are included as are required in the
South Coast Plaza Development Agreement; and Item 2, Section
2.2.6 -Development Exactions, the same obligations as reflected in
the South Coast Plaza Development Agreement. The motion failed
to carry 3-2, Council Members Cowan, Monahan, and Steel voting
no.
Mayor Cowan opposed the substitute motion because protections
are being provided for the Noguchi Garden which are far beyond
those of any other existing garden or Noguchi commissioned work,
and may become a model for other cities and public agencies. She
believed that time will generate interest and community support, and
thought that CommonWealth Partners are aware of the treasure in
their possession and will do what is required to protect the garden.
Mayor Pro Tem Dixon noted her receipt of an e-mail from Shoji
Sadao, Executive Director of the Isamu Noguchi Foundation, Inc.,
dated March 19, 2001, which indicated his support of preserving the
garden in perpetuity. She reported that Noguchi Garden is the No. 2
tourist attraction for Japanese visitors in the state; Home Style
Magazine recognized it as one of the top ten gardens in the United
States; it is on the California Sculpture tour; and Council has
received letters from around the world asking that it be protected.
The original motion carried 3-2, Council Members Dixon and
Robinson voting no.
MOTION/Approved A motion was made by Mayor Pro Tem Dixon, seconded by Council
Addition Member Robinson, and carried 5-0, to require the same obligations
included on Page 7, Section B, Item 1; Section 2.1.1(3) -Parking, and
Item 2, Section 2.2'.6 -Development Exactions, as are required of the
owners in the South Coast Plaza Development Agreement.
Mayor Cowan supported the motion, noting that the same obligations
should be required of both developers.
MOTION/Approved A motion was made by Mayor Cowan, seconded by Council
Modification Member Monahan, and carried 5-0, to modify the language of the
last paragraph of Section 2.3.1 of the Development Agreement as
follows: "Subject to the remaining provisions of this Section 2.3.1
and Exhibit G, Paragraph D, (i), any project building for which a
building permit has not been issued shall be subject to all elements
of the TAD Plan (including all amendments of the TAD Plan)
applicable to such building which elements are adopted prior to
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issuance of the building permit for such building, and (ii) following
issuance of a building permit for a building on the Property, all
elements of the TAD Plan thereafter adopted shall not be
applicable to such building, other than to the extent the TAD Plan
would be applicable to such building if this Development
Agreement were not then in effect."
MOTION/Ordinance On motion by Mayor Cowan, seconded by Council Member
01-6 Given First Monahan, and carried 5-0, Ordinance 01-6 was given first reading:
Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT
AGREEMENT DA -00-04 BETWEEN THE CITY OF COSTA MESA,
THE FSP TWO TOWN CENTER AND FIFTH STREET
PROPERTIES -DS ("TWO TOWN CENTER AND DOWNEY
SAVINGS"). .Second reading and adoption are scheduled for the
meeting of June 4, 2001.
MOTION/GP-00-02, On motion by Mayor Cowan, seconded by Council Member Steel,
SP -00-02, and PA -00- and carried 5-0, the following items were continued to the meeting
38 Continued to of June 4, 2001: General Plan Amendment GP -00-02, Specific
June 4, 2001 Plan Amendment SP -00-01, and Town Center Preliminary Master
Plan PA -00-38.
RECESS The Mayor declared a recess at 9:45 p.m., and reconvened the
meeting at 9:55 p.m.
PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued
East 17th Street from the meeting of May 7, 2001, to consider a resolution approving
Improvements the Mitigated Negative Declaration for East 17th Street
Improvements; and a Comprehensive Analysis of Improvement
Options for East 17th Street, Newport Boulevard, and East Side
Costa Mesa. The Affidavit of Publication is on file in the City Clerk's
office. Communications were received from: Pat Russell, 1665
Irvine Avenue, Unit A, Costa Mesa, listing behaviors observed on
the east side that could create risks during construction; and letters
in opposition to widening East 17th Street from Maria V. Norris, 336
Ramona Place, Costa Mesa; Ned McCune, 424 East 16th Street,
Costa Mesa; Richard and Elaine Smith, 410 Walnut Place, Costa
Mesa; Paul Nelson, 1917 Church Street, Unit 3, Costa Mesa; Bill
and Joanne Munce, 250 East 18th Street, Costa Mesa; Alice B.
Fisher, 1753 Tustin Avenue, Costa Mesa; John C. Petry, 2699
White Road, Suite 150, Irvine; Kristen Petros, 2135 Iris Place,
Costa Mesa; and Wayne T. Grandin, 285 Esther Street, Costa
Mesa. The Transportation Services Manager responded to
questions from Council.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, advised
Council to consider this decision wisely and not to be influenced by
the emotion of the evening. Eleanor Egan, 1893 Parkview Circle,
Costa Mesa, opposed adding lanes to East 17th Street, and
discussed the environmental documentation. Charlotte Johnson,
344 Cabrillo Street, Costa Mesa, member of the East 17th Street
Ad Hoc Committee, supported Alternative E. Jim Gray, 215 Knox
Street, No. B, Costa Mesa, member of the Committee, agreed that
17th Street required redesigning, and indicated that either Plans B
or E would be appropriate. Jerry Silver, 103 Edgewater Street,
Newport Beach, urged Council to listen to their constituents, and to
avoid any conflict of interest. Heather Somers, 313 Robin Hood
Lane, Costa Mesa, objected to the majority of the traffic on East
17th Street being generated by the City of Newport Beach. She
asked how East 17th Street can remain business friendly and
residential streets kept safe from cut-thru traffic. Tom Egan, 1893
Parkview Circle, Costa Mesa, discussed traffic impacts in Newport
Beach.
The following persons opposed East 17th Street being widened to a
six -lane thoroughfare and -supported the Alternative B alignment
plan: Douglas Bader, 1626 Newport Boulevard, No. 18, Costa
Mesa; Nancy Noonan, 353 Broadway, Costa Mesa; owner of the
business at 230 East 17th Street, Suite 208, Costa Mesa;
Georgeanne Xagorarakes, 258 Magnolia Street, Costa Mesa; Craig
Stevens, 1845 Anaheim Avenue, No. 6D, Costa Mesa; Brian
Harris, 1912 Tustin Avenue, Newport Beach, owner of Franks
Flowers, 333 East 17th Street, Costa Mesa; Don Dickey, 431
Lenwood Drive, Costa Mesa, Alyce Klussman, 1741 Tustin
Avenue, No. 20B, Costa Mesa; Katie Arthur, 400 Cabrillo Street,
Costa Mesa; Carol Ann Carr, 1421 Cabrillo Street, Costa Mesa;
Brent Hemphill, owner of Hemphill's Rugs and Carpets, 230 East
17th Street, Costa Mesa; Beth Refakes, 320 Magnolia Street, Costa
Mesa; Lisa Gustafson, 326 East 16th Street, Costa Mesa; Mark
Rogers, 321 Rochester Street, ;Costa Mesa; the resident at 1671
Tustin Avenue, Costa Mesa; Bill Hodges, 420 Cabrillo Street,
Costa Mesa; Margret Hodges, 420 Cabrillo Street, Costa Mesa; the
owner of Devin's Pro Shop, 3201 East 17th Street, Costa Mesa; Dan
Lubeck, 369 East 17th Street, i Costa Mesa; JoAnne Hendricks,
2239 Catherine Place, Costa Mesa; David Hockner, affiliated with
the Yoga Center, 445 East 17th Street, Costa Mesa, and a member
of the Committee, indicated that Plan B permanently resolved the
issue; Dan Perlmutter, 201-289 East 17th Street, Costa Mesa,
member of the Committee; owner of the business at 369 East 17th
Street, Costa Mesa, member of the Committee; Polly Hendricks,
2239 Catherine Place, Costa Mesa; and Mary Ellen Butler, 269
Monte Vista Avenue, Costa Mesa. There being no other speakers,
the Mayor closed the public hearing.
MOTION/Adopted A motion was made by Council Member Steel, seconded by
Resolution 01-31; Council Member Robinson, to adopt Resolution 01-31, A
Gave Directions to RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
Staff MESA, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE
DECLARATION FOR THE EAST 17T" STREET
IMPROVEMENTS; to approve', Alternative B _ alignment plan for
right -turn lanes and bus turnouts on East 17th Street, extending
from Orange Avenue to Irvine Avenue, and to adopt the Mitigation
Monitoring Program for East 17th Street Improvements; maintain
the Ad Hoc Committee in place to assist with the design of
Alternative B; downgrade East 17th Street between Tustin Avenue
and Irvine Avenue, study the; downgrade of East 17th Street
between Orange Avenue and Tustin Avenue, and do not slow
down the construction of Alternative B due to the downgrade study;
and close Raymond Street to through traffic.
Mayor Pro Tem Dixon, proposed; adding to the motion that the East
Side Traffic Study Committee be reestablished in order to work
with staff on considerations for traffic improvements, such as the
possibility of one-way streets, no left turns, no right turns, traffic
calming techniques, and additional landscaping. She asked that
the committee be comprised of four 17th Street businessmen, four
residents, and three business people from Newport Boulevard, a
Planning Commissioner, and a City Council person. The maker of
the motion agreed to the additions, and the seconder concurred.
The motion carried 5-0.
Mayor Cowan supported the motion, commenting that staff had
accomplished the direction from Council, and reported that the six -
lane scenario could eventually be removed from the County of
Orange Master Plan of Arterial Highways.
MOTION/Approved A motion was made by Council Member Monahan, seconded by
Recommendations Mayor Cowan, to approve the Biennial Monitoring Program with
mitigation report to City Council every two years for the East Side
Residential Area and East 17th Street, to approve Community
Objectives 01-132, and 01-133 for the East Side Residential Area
and East 17th Street; and to direct staff to reapply to the Orange
County Transportation Authority for funding for Alternative B
improvements.
Mayor Pro Tem Dixon asked that the Biennial Monitoring Program
include the entire east side, from the Newport Beach boundaries to
Mesa Drive. Mayor Cowan asked that the reporting commence in
early 2002. The maker of the motion agreed to this addition, and
the seconder concurred. Mayor Cowan asked that the Newport
Boulevard issue be scheduled for a study session in the next
couple of months. The motion carried 5-0.
RECESS The Mayor declared a recess at 11:40 p.m., and reconvened the
meeting at 11:50 p.m.
MOTION/Items On motion by Mayor Cowan, seconded by Council Member Steel,
Continued to June 4, and carried 4-1, Council Member Monahan voting no, the following
2001 items were continued to the meeting of June 4, 2001:
Appeal of Planning Appeal of the Planning Commission's amendment to Condition
Application PA -00-45, of Approval No. 1 for Planning Application PA -00-56 from
Lighthouse Com- Edmond Deckert, authorized agent for Lighthouse Coastal
munity Church Community Church, for a master plan amendment for the
church (as required per Condition of Approval No. 4 of ZA-00-
19) to allow use of portions of the parking lot as a play yard for
Klein School, to reflect existing uses on church properties; and
to allow establishment of a daily, half-day preschool, located at
300-301 Magnolia Street, in an I&R zone. Environmental
Determination: Exempt.
Appeal of Tentative Appeal of the Planning Commission's Conditions of Approval for
Parcel Map PM -00- Tentative Parcel Map PM -00-239 from C. Kelly Kraushaar,
239, SCE representing Southern California Edison Company, 14799
Chestnut Street, Westminster, to subdivide Edison's lot into two
parcels, located at 373 Monte Vista Avenue, in an R2 -MD zone.
Environmental Determination: Exempt.
Council Review of Request from Council Member Monahan for Council Review of
Planning Application the Planning Commission's denial of Planning Application PA-
PA -01-09 01-09 for Lonnie Languis, authorized agent for Jerry O.
Palanjian, to allow construction of a 4 -car, 966 -square -foot
garage, with variances from side setback requirements (5 feet
required, 1.5 feet proposed), rear setback requirements (10 feet
required, 1.5 feet proposed), and rear yard coverage
requirements (630 square feet permitted, 851 square feet
proposed), located at 263 Costa Mesa Street, in an R1 zone.
Environmental Determination: Exempt.
Street Sweeping Study and implementation of an area -wide street sweeping
Prohibition parking prohibition on a trial basis in the area of "Mesa Del Mar"
and includes all public streets within the boundaries of Baker
F., `: t.
Street, Fairview Road, Arlington Drive, and State Routes 55/73
Freeways.
Residential Deve- From the meeting of May 7, 2001, second reading and adoption
lopment Guidelines of Ordinance 01-16, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING
TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO RESIDENTIAL DEVELOPMENT STANDARDS;
and a resolution amending the residential design guidelines.
OLD BUSINESS The Deputy City Clerk presented from the meeting of May 7, 2001,
Completion of Repair- completion of Parkway Concrete Repair and New Sidewalk, Project
and Sidewalk, Project No. 00-10, .by S. Parker Engineering, Inc., 10059 Whippoorwill
00-01, by S. Parker Avenue, Fountain Valley. The Public Services Director reviewed
the Agenda Report dated May 10, 2001.
MOTION/Accepted On motion by Mayor Cowan,. seconded by Council Member
Work, Authorized Monahan, and carried 5-0, the work was accepted; the Deputy City
Notice of Completion Clerk was authorized to file a Notice of Completion; authorization
was given to release retention monies 35 days thereafter; the
Labor and Material Bond was ordered exonerated 7 months
thereafter; and the Performance Bond was ordered exonerated 12
months thereafter.
MOTION/Gave A motion was made by Mayor Cowan, seconded by Council
Directions to Staff Member Steel, and carried 5-0, directing staff to meet with Tom
Egan regarding his requests for project information to be included
in future agenda reports, and directed that a report outlining the
cost in staff time to provide this level of detail be presented to
Council in less than 90 days.
NEW BUSINESS The Deputy City Clerk presented the Business Improvement Area
Business Improve- (BIA) reauthorization: Annual report for Fiscal Year 2001-2002;
ment Area and a resolution declaring the intention to levy an annual
assessment for Fiscal Year 2001-2002 for a Business
Improvement Area covering certain Costa Mesa hotels and motels.
The Assistant to the City Manager reviewed the Agenda Report
dated April 25, 2001.
MOTION/Approved A motion was made by Mayor, Cowan, seconded by Mayor Pro
Report; Adopted Tem Dixon, to approve the annual report for Fiscal Year 2001 -
Resolution 01-32 2002, and to adopt Resolution :01-32: A RESOLUTION OF THE
Setting a Public CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Hearing on July 2, DECLARING ITS INTENTION TO LEVY AN ANNUAL
2002 ASSESSMENT FOR FISCAL YEAR 2001-2002 FOR A BUSINESS
IMPROVEMENT AREA COVERING CERTAIN COSTA MESA
HOTELS AND MOTELS AND SETTING THE TIME AND PLACE
OF A PUBLIC HEARING ON PROPOSAL, reauthorizing
boundaries for the Assessment: district, approving the budget, and
setting a public hearing on July 2, 2001, at 6:30 p.m.
CITY ATTORNEY'S The City Attorney requested a closed session pursuant to
REPORT Government Code Section 54957.6 to discuss negotiations with
CMCEA and CMPA both the Costa Mesa City Employees Association (CMCEA) and
Negotiations Costa Mesa Police Association (CMPA)
ADJOURNMENT TO At 12:00 a.m., the Mayor adjourned the meeting to a closed
CLOSED SESSION session in first floor Conference Room A to discuss the item
previously announced by the City Attorney.
MEETING Mayor Cowan reconvened the meeting at 12:25 a.m., and the
RECONVENED action taken during closed session was announced.
No Action Regarding Regarding negotiations with the CMCEA and CMPA, discussions
Negotiations were held; no action was taken.
ADJOURNMENT The Mayor declared the meeting adjourned at 12:30 a.m.
G��-w
Mayor of the City of Costa Mesa
ATTEST:
Deputy City C rk of the City of Costa Mesa
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